Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Friday, March 22, 2019

Companies won’t meet 2020 target to end deforestation – report


21 Mar 2019
MAJOR corporations that have committed to eradicating tropical deforestation from their operations by 2020 are not going to meet their self-imposed deadline, a report says.
The Global Canopy’s “Forest 500” report assesses the 350 most influential companies in forest-risk commodity supply chains and the 150 financial institutions that support them, focusing on four commodities: cattle, palm oil, soy, and timber (including pulp and paper).
With tackling deforestation seen as an important part of the fight against climate change, nearly half of the 500 assessed companies have made commitments to eliminate deforestation from agricultural supply chains by 2020 or earlier, in line with high-profile collective commitments such as the Consumer Goods Forum and the New York Declaration on Forests.
But as the deadline nears, none of the companies and financial institutions assessed in 2018 is on track to eliminate commodity-driven deforestation from their supply chains and portfolios by next year, the Global Canopy report says.
“The most powerful companies in forest-risk supply chains do not appear to be implementing the commitments they have set to meet global deforestation targets,” Global Canopy supply chain researcher Sarah Rogerson, the lead author of the report, told Mongabay.
The report, released March 20 for International Forest Day, concluded that the 2020 goal simply couldn’t be met.
“With just one year left to the 2020 deadline, it is clearer than ever that even companies with strong commitments will not be able to assert that their supply chains are deforestation-free by that deadline,” it says.
However, Rogerson says this doesn’t mean companies shouldn’t give up on cutting out deforestation from their operations, noting that “it is crucial that companies raise their ambition and address the stark gap between the promises they have made and activities on the ground.”
“As well as being home to much of our global biodiversity, forests are our best technology for mitigating climate change,” she said. “It looks unlikely that we will stay below the target of 2 degrees [Celsius, or 3.6 degrees Fahrenheit] global temperature rise — achieving that gets even harder without forests.”

Implementation gap

The commodities that the Global Canopy report focuses on are collectively responsible for the majority of tropical forest destruction driven by agricultural expansion around the world today. Agricultural expansion itself is the main driver of global deforestation, accounting for 27 percent of all forest loss, or 50,000 square kilometers (19,300 square miles) per year, primarily in Latin America and Southeast Asia.
In Latin America, row cropping and cattle grazing are responsible for the bulk of deforestation, while in Malaysia and Indonesia the chief culprit is the cultivation of oil palms.
The Global Canopy report says the number of companies with commitments to protect forests has increased since 2014. In 2018, 57 percent of the assessed companies had a commitment to protect forests for at least one of the commodities they’re exposed to, up from 50 percent in 2014.
But that also means 43 percent of companies don’t have any commitments in place to address deforestation.
forest-1
The pathway shows where companies are in their efforts to address deforestation in their supply chains according to Forest 500 assessments. Source: Global Canopy
“Far too many of the most influential companies in these supply chains still have no commitments at all, or commitments that are too weak to deliver change on the ground,” the report says. “Over 40 percent of the most influential companies are not doing anything to tackle deforestation that they are linked to.”
And the commitments already in place haven’t necessarily translated into real action. Twenty-nine percent of the companies that have made such commitments don’t appear to be taking any action to implement them, the report says. “Even companies with ambitious commitments are not putting these into practice,” it adds.
To better understand the implementation gap, the Global Canopy updated its methodology to distinguish between those companies that have set ambitious commitments without plans for implementation, and those that have.
The new indicators assess key actions that companies should be making to implement their commitments, such as monitoring and verifying their suppliers against their own commodity commitments and engaging with non-compliant suppliers.
Because of these new indicators on implementation, nearly 70 percent of the 228 companies assessed in 2017 and 2018 scored lower in 2018 than in the previous year.
“This reflects an implementation gap — companies are not executing their commitments,” the report says.
Even top-scoring companies in the Forest 500 assessment — such as Unilever, Mars, Marks & Spencer and Ikea — lost points despite having made strong commitments, because they’ve failed to consistently report strong implementation across all of their supply chains.
The report found that 50 of the assessed companies reported some activities to implement zero-deforestation commitments for all the commodities they’re exposed to. “Other companies need to follow the example of these leading companies,” it says.
These leading companies, it says, are those that have time-bound and measurable commitments to protect forests in their supply chains. They report against these commitments, and report on activities they are doing to implement them.
But even for the companies categorized by the report as “leading,” challenges still remain.
For ones, many companies have businesses involving more than one of the commodities, making it more difficult for them to achieve a zero-deforestation supply chain for all commodities. Some companies might show significant leadership in some commodities but haven’t applied the same rigor to other commodities.
For instance, Unilever scores 81 percent for its palm oil commitment, but only 48 percent for its commitment on soy.
“The majority of companies are not tackling all of the deforestation they are exposed to,” the report says. “By either focusing commitments on some commodities or regions, they remain exposed to deforestation in other geographies or supply chains. Companies should have commitments that cover all of their supply chains.”

Scrutiny on palm oil paying off

In general, palm oil is the commodity that has prompted the strongest commitments from companies to end deforestation.
Forty-two percent of the Forest 500 companies involved in palm oil have a zero-deforestation commitment, while just 16 percent of companies sourcing beef and other cattle products from tropical forest countries had a deforestation commitment in place.
“Over the last five years, more companies have made commitments on palm oil than for any other commodity,” the report says. “These have also consistently been the strongest, scoring higher than other commodity commitments.”
Rogerson attributed this to the extra scrutiny placed on palm oil by environmental and consumer advocacy groups around the world.
“It’s difficult to get evidence of what motivated a company to develop a commitment,” she said. “But we think it’s likely because there is more attention on the palm oil sector — there is more consumer awareness of the issue and there have been more campaigns targeting companies for palm oil than other commodities such as soy or cattle.”
The presence of a well-known and credible certification scheme like the Roundtable on Sustainable Palm Oil (RSPO) might also have helped, as it gives companies a framework through which to meet their commitments, Rogerson said.
Eighty-seven percent of companies with a palm oil zero-deforestation commitment this year used RSPO certification in some form and to some extent to meet their commitments.
There’s still room for improvement, however, as most companies, including the leading ones, don’t report on protecting high carbon stock forests or peatlands, a major criticism for the palm oil industry, according to the report.
Rogerson said companies in the palm oil sector without any commitments to ending deforestation need to follow the leaders in setting and implementing strong commitments.
“This will help avoid a two tiered market where some companies continue to deforest to supply demand which does not ask for deforestation-free palm oil,” she said.

Role of governments and banks

The importance of ending tropical deforestation should also be impressed on the governments of the countries in which the Forest 500 companies operate, says Khalisah Khalid, a spokeswoman for the Indonesian Forum for the Environment (Walhi).
Most are headquartered in developed countries, including Nestlé (Switzerland), L’Oréal (France) and PepsiCo (U.S.), whose governments Khalisa said had a duty to ensure that domestic demand wasn’t fueling deforestation abroad.
“We’re questioning world leaders on their commitments to save forests,” she told Mongabay. “Developed countries are expanding into [developing] countries like ours. And companies often hide behind regulations made by world leaders, such as free trade agreements. That’s why world leaders are also actors of deforestation and they should put the brakes on deforestation done by their companies.”
She said deforestation didn’t just exacerbate climate change, by releasing carbon stored in vegetation and soils into the atmosphere, but it also robbed local communities and indigenous peoples of their lands. This is especially the case in countries like Indonesia, where agricultural expansion has sparked a litany of social conflicts.
“Saving forests also means saving the lands of indigenous peoples,” Khalisah said. “The guardians of the forests are indigenous communities, not companies.”
Global Canopy’s Rogerson said financial institutions had an important role to play in ending deforestation. The 2018 assessment ranks 150 financial institutions, selected and scored based on their role in financing the 350 companies involved in forest-risk supply chains.
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Firms not likely to meet 2020 deforestation targets. Source: Shutterstock
Two-thirds of the financial institutions assessed in 2018 didn’t have any policies on deforestation, despite growing concerns that deforestation and related climate impacts poses a financial risk.
“Financial institutions need to look at the companies in their portfolios and recognize that some of these companies are driving deforestation and could pose a financial risk,” Rogerson said. “Banks and investors can minimize these risks by engaging and screening the companies in their portfolios.”
What’s at stake if these companies fail to eradicate deforestation from their operations isn’t just their reputation, Rogerson said, but also the future of the planet.
“Even without the 2020 deadline, the need to act on deforestation is urgent,” she said.
“The planet, the climate and the companies themselves face significant risks to their business models if they continue to rely on commodities linked to deforestation in their supply chains. Companies need to recognize this and act with urgency even if they are going to miss the 2020 deadline.”
By Hans Nicholas Jong. This article has been republished from Mongabay under a Creative Commons license.

'Baby Grady' gives fertility hope to boys with cancer


Grady
OREGON HEALTH AND SCIENCE UNIVERSITYImage -captionGrady aged 11 months old

Scientists say they have made a significant leap towards helping boys with cancer stay fertile, thanks to a baby monkey called Grady.
Cancer treatment can damage a boy's undeveloped testes and leaves a third of survivors infertile in adulthood.
Baby Grady is the first primate born using frozen samples of testicles taken before her dad started puberty.
Experts said the technique, detailed in the journal Science, could soon be used in the clinic.
Chemotherapy and radiotherapy can destroy someone's ability to have children.
Women and girls can have eggs or ovaries frozen in order to have children after their cancer therapy is over.
Adult men can have a sperm sample frozen, but this is not an option for boys who have not gone through puberty.

So how was Grady born?

Scientists at the University of Pittsburgh and the National Institute of Child Health and Human Development started with five male rhesus macaques.
The animals had not started puberty so their testes were not yet sperm-making factories.
Then the researchers removed a testicle from each monkey, cut it up into small pieces and put the fragments on ice to cryopreserve them.
Around half a year later the monkeys were made infertile.
Then fragments of their preserved testes were thawed and were grafted underneath the monkey's skin.
As the animals went through puberty, the testicular tissue matured and grew; when scientists looked inside "we found that there were sperm", said Prof Kyle Orwig, from the University of Pittsburgh School of Medicine.
This sperm was used to fertilise an egg and baby girl Grady was the result.
Baby Grady
Baby Grady aged 12 weeks old

How effective was it?

Just over eight out of every 10 testicular tissue grafts started producing sperm after the macaques went through puberty.
The researchers then fertilised 138 eggs using a technique called intracytoplasmic sperm injection or ICSI.
Around four in 10 fertilised eggs developed into early stage embryos.
A total of 11 embryos were implanted into female macaques, which resulted in one pregnancy and one healthy baby.

Is this ready for human use?

The scientists think it is close.
Prof Orwig said: "Having succeeded to produce a live-born and healthy baby, we feel that this is a technology that is ready for the human clinic."
But other researchers say they would like to see more evidence before it is tried on humans for the first time.
Some boys have already had testicular tissue frozen in the hope that science would one day give them the option of having children.

Would this be safe?

The biggest risk would be giving the child cancer again.
If any cancerous material was hidden inside the testes, then it too would be frozen and reintroduced to the child's body along with the graft.
Cancers of the blood - like leukaemia and lymphoma - as well as testicular cancer, would be problematic.
Doctors would also want to be sure that the process did not affect the genetic material packaged up inside the sperm.

What do the experts think?

Dr Susan Taymans, from the National Institute of Child Health and Human Development, told the BBC: "I think it is very significant.
"It is a very exciting proof of principle that this really can work, but there's a few more things I'd like to see.
"This is one live healthy baby, which is fantastic, but I think we'd like to see a couple more."
She also said: "I'm hopeful boys whose tissue has been frozen will be able to use it in their lifetime."
Allan Pacey, professor of andrology at the University of Sheffield, said: "This is a really excellent study, which is a great step forward, but it is important to remember that before we could attempt to use it in humans, further research would be needed to show that it is safe and that it works in the same kind of way.
"This, I think, is still a number of years away."
Follow James on Twitter.

Hundreds protest in Batticaloa demanding justice for disappeared


Families of the disappeared across the Eastern Province gathered in Batticaloa today to demand justice through an international mechanism. 
19 March 2019
Condemning the decision to roll-over on the UN Human Rights Council resolution 30/1 which called for a hybrid accountability mechanism, families called for Sri Lanka to be referred to the International Criminal Court.
"We are appealing to you to use your good offices to secure the release of our disappeared loved ones and take strong initiatives to bring security forces and paramilitary groups to face international justice," the families wrote in a letter to the UN High Commissioner for Human Rights, Michelle Bachelet. 
"The Government instead of punishing those responsible for the disappearance, promoted them and sent them as diplomats to different countries and to the UN. The paramilitary leader Vinayagamoorthy Muraletharan (Karuna) was made a Cabinet Minister and Sivanesathurai Chandrakanthan (Pillaiyan) was made a senior Government party official."
The families urged the UN and member states "not to fall into Sri Lanka’s trap like “Truth and Reconciliation” by giving any more additional time to Sri Lanka." 
"Giving extension of time will embolden Sri Lankan Security Forces stationed in Tamil areas to continue their abuses and destroy vital war crimes evidences. Additionally, giving additional time will permanently deny justice for Tamils."
In addition to the call for a referral to the International Criminal Court (ICC) or to a specially created international criminal tribunal, the families also asked for the appointment of a UN Special Rapporteur for Sri Lanka, to monitor and report to the Council every six months about the plight of the war affected and other international human rights and humanitarian issues.
Read letter in full here
Expressing their solidarity with protesting families, shops in Thirunelveli, Jaffna held a hartal today. 
See more photographs from today's protest in Batticaloa below: 


UN flags warning signs in Sri Lanka as it debates civil war impunity

 
Irwin Loy- 
Asia Editor

Sri Lanka’s 26-year civil war came to a violent end a decade ago, but the conflict’s unresolved aftermath continues to reverberate through political upheaval and unchecked attacks on minority groups, warns a UN report to be discussed in Geneva today.
 
Sri Lanka has made “virtually no progress” on probing allegations of war crimes and crimes against humanity, according to the report, which is to be tabled at the Human Rights Council in the latest examination of the government’s stalled reconciliation promises.

The 1983-2009 conflict largely pitted the military and political leadership, dominated by the Sinhalese Buddhist majority, against insurgent fighters from the mostly Hindu Tamil minority. But rights monitors and analysts say years of impunity for civil war-era abuses are also widening cracks elsewhere in Sri Lankan society.

“The risk of new violations increases when impunity for serious crimes continues unchecked,” the UN report warns.

Last March, mobs of Buddhist demonstrators attacked mosques and Muslim-owned houses and businesses in the central city of Kandy, fuelled by hate speech and rumours that had spread over Facebook and other social media. The government declared a state of emergency and temporarily shut down social media networks. The violence left two dead and hundreds of homes damaged, but no one has been convicted for their roles in the riots, despite dozens of initial arrests.
“The lack of accountability for past actions likely contributed to the return of violence against minorities.”
Alan Keenan, a Sri Lanka analyst with the International Crisis Group, calls Buddhist-Muslim tensions “a second fault line” that threatens to explode. Today’s report before the Human Rights Council calls last year’s violence a “very dangerous pattern” moulded by the failure to prosecute past abuses.

“The lack of accountability for past actions likely contributed to the return of violence against minorities,” the report warns.

Stalled promises

The civil war ended in 2009 when the military crushed the Liberation Tigers of Tamil Eelam, known as the Tamil Tigers. Previous UN investigations found evidence of “gross violations” of international rights laws on all sides of the conflict, including thousands of civilian deaths in the military onslaught that ended the rebellion.

In 2015, Sri Lanka’s current government pledged to accelerate reconciliation efforts and probe war-time abuses, but rights groups say promised reforms have been slow or non-existent. For example, a government body tasked with investigating the disappearances of tens of thousands of missing people didn’t begin its work until last year, while plans for a national truth commission or to provide reparations for war-time abuses have also stalled.

Rights groups draw a direct line between post-war impunity to continuing abuses and political crises that hamper the country today. For weeks last year, Sri Lanka was mired in political deadlock after President Maithripala Sirisena appointed former leader Mahinda Rajapaksa, who oversaw the violent military offensive that ended the war in 2009, to the position of prime minister.

After weeks of protest, the impasse was only quelled after the country’s Supreme Court reversed Sirisena’s decision to dissolve parliament, Rajapaksa resigned, and the current prime minister, Ranil Wickremesinghe, returned to office.

Finding the missing

Sri Lanka’s missing persons may be the most visceral example of the country’s lingering post-war trauma. It’s also one of the only instances of progress when it comes to the government’s reconciliation efforts.

Rights groups say tens of thousands of Sri Lankans are missing since the 1980s. The government created the Office on Missing Persons in 2016, but it didn’t appoint commissioners or finance its budget until last year. The office’s role includes tracing missing relatives, investigating disappearances, and making recommendations on reforms and reparations to the government.

But the office itself says it faces “distrust and scepticism” among the families it’s trying to help, fuelled by the “failure of successive state institutions to provide families with truth, justice and reparations”.

Finding answers for families with missing relatives, the office said in its first report last year, “is taking place in a polarised context where even the need to address the issue of the missing and the disappeared is questioned by segments of society.”

Transitional justice

Four years after Sri Lanka’s promised reforms, the UN says the fledgling Office on Missing Persons is effectively the “only functioning transitional justice mechanism” in the country.

The government has passed legislation to set up an office for reparations, but rights groups say it will be hampered by excessive government oversight and funding restrictions, leaving the body prone to political interference. A promised truth-finding commission has also seen years of delays.

There has been even less progress on one of the most important – and contentious – measures: holding people accused of war crimes to account. Successive Sri Lankan governments have resisted pressure for an international or hybrid court to investigate alleged war crimes and crimes against humanity.

But there has also been little appetite to investigate such crimes in the country’s domestic courts. Instead, the UN report cites “worrying instances of political interference in the judicial or investigative process”, which raises questions about the justice system’s ability or willingness to investigate complex cases.

Alleged crimes committed by Tamil Tiger fighters have also gone unaddressed. The rebel group is accused of civilian massacres, using suicide bombers, and recruiting child soldiers, but, like the broader reconciliation promises, Amnesty International says the government has also made “no progress” to address these abuses.

“We have nothing to atone for”

When President Sirisena was elected in 2015, he was seen as a reformist who promised to accelerate reconciliation between his country’s divided communities.
"The voices that try to talk about the possibility of a united Sri Lanka... are weak minority voices in all communities.”
But analysts say most reconciliation issues are intensely political, with nationalist Sinhalese forces, chief among them the would-be prime minister Rajapaksa, linking reparations and prosecutions to Sinhalese nationalist identity.

“The sense among many Sinhalese among the military and among a lot of the political leadership is: ‘We beat the terrorists. Perhaps a few people suffered in the process, but we have nothing to atone for,’” said the Crisis Group’s Keenan.

Even seemingly simple measures like vacating military-occupied land in former conflict areas, or releasing political prisoners, has been “grudging and slow”.

Keenan says what’s missing is a government committed to changing long-held nationalist beliefs in both Sinhalese and Tamil communities.

“The voices that try to talk about the possibility of a united Sri Lanka where all communities are equal and respected, where minority rights are enshrined in the constitution – those are weak minority voices in all communities,” he said.

(TOP PHOTO: Sri Lankan Prime Minister Ranil Wickremesinghe, right, speaks with former president and current opposition leader Mahinda Rajapaksa after the presentation of the 2019 budget to the parliament by Sri Lankan Finance Minister Mangala Samaraweera, in Colombo on 5 March 2019. CREDIT: Ishara S. Kodikara/AFP)

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Thursday, March 21, 2019

HRC 40: SUMMARY OF THE INTERACTIVE DIALOGUE ON THE SITUATION OF HUMAN RIGHTS IN SRI LANKA.


Sri Lanka Brief20/03/2019

(20 March 2019.)The Human Rights Council this morning held an interactive dialogue on the situation of human rights in Sri Lanka.

Interactive Dialogue on Sri Lanka

The Council has before it Promoting reconciliation, accountability and human rights in Sri Lanka – Report of the Office of the United Nations High Commissioner for Human Rights (A/HRC/40/23)

Presentation of Report of the Office of the High Commissioner for Human Rights on Promoting Reconciliation, Accountability and Human Rights in Sri Lanka

MICHELLE BACHELETUnited Nations High Commissioner for Human Rights, acknowledged the open dialogue and sustained cooperation of the Government of Sri Lanka with her Office.  Working closely with the United Nations Resident Coordinator and her Senior Human Rights Advisor, the Office had continued to provide technical support, including through the United Nations Peacebuilding Fund for Sri Lanka.  The High Commissioner welcomed the operationalization of the Office of Missing Persons, following initial delays.  The Office of Missing Persons planned to undertake the complex task of tracing the whereabouts of victims in a sensitive, thorough and objective manner, addressing the difficult situation of victims’ families.  She also commended the establishment of the Office for Reparations, and looked forward to the swift appointment of its commissioners.  The High Commissioner encouraged the Government to enable those two institutions to function effectively and independently, and to link them to a broader approach aimed at justice, real accountability and truth-seeking.  Regarding the land occupied by the military in the northern and eastern provinces, some progress had been noted and further steps should be taken to complete that crucial process.

However, the implementation of resolution 30/1 needed to be more consistent, comprehensive and accelerated, Ms. Bachelet noted.  A contributing factor to delays appeared to be a lack of common vision among the country’s highest leadership.  Deadlock on those important issues was an additional and avoidable problem, with damaging impact currently on victims from all ethnic and religious groups and on society as a whole.  The High Commissioner appreciated the complexity of transitional processes.  The events leading to the declaration of a state of emergency in March 2018, and the constitutional crisis in October 2018, had created a political environment not conducive to the implementation of reform measures.  The High Commissioner’s Office encouraged the Government of Sri Lanka to implement a detailed and comprehensive strategy for the transitional process with a fixed timeline.  Legislation on the establishment of an independent Truth and Reconciliation Commission could be an important next step.  Ms. Bachelet highlighted the importance of the security sector reform as part of a transitional justice process.  Those reforms should include a vetting process to remove officers with questionable human rights record.  There had been minimal progress on accountability, and lack of progress in setting up a special judicial mechanism to deal with the worst crimes committed during the 2009 conflict.

Continuing impunity risked fuelling communal and inter-ethnic violence and instability.  Resolving those cases and bringing more perpetrators of past crimes to justice was necessary to restore the confidence of victims from all communities.  The replacement of the Prevention of Terrorism Act had been on the Government’s agenda for four years.  Ms. Bachelet encouraged the completion of that process, with measures to strengthen the draft law’s safeguards and oversight elements, and to tighten the definition of terrorist acts, which was currently too broad.  She was also troubled about continuing allegations of torture and other human rights violations by security forces, including sexual violence.  Effective, transparent and independent investigations by the Government would be positive.  Another step in the right direction would be an end to the surveillance of human rights defenders, reprisals against them, as well as against victims.  The High Commissioner highlighted the role of Sri Lanka’s independent commissions in entrenching the rule of law in the country.  She emphasized that in co-sponsoring resolutions 30/1 and 34/1, the Government had recognized the need to address the past in order to build a future securely grounded in accountability, respect for human rights, and the rule of law.

Statement by the Concerned Country

TILAK MARAPANAMinister of Foreign Affairs of Sri Lanka, speaking as the concerned country, said that the Office on Missing Persons was fully operationalized to improve truth seeking.  The replacement of the Prevention of Terrorism Act with the new counter-terrorism legislation would ensure conformity with international standards.  The Office of Reparations had been established and Rs 500 million was allocated to pay monthly allowances to the families of disappeared persons who had a certificate of absence.  Over 88 per cent of State land and 92 per cent of private lands had been released by security forces, not 75 per cent as contained in the report.  The test results on the skeletons found in the “mass graves” in Mannar confirmed that they dated back to 1499-1719 and were not current, the assumptions contained in the report that more mass graves may be found in the future would not be accepted.  It was not possible to include non-citizens in its judicial processes, this precluded it from establishing a hybrid court.  The actions of the security forces were against a designated terrorist organization and not against a community and there were no proven allegations against individuals on war crimes or crimes against humanity.  Sri Lanka should be encouraged and assisted in finding innovative and viable local mechanisms to incorporate best practices.

Interactive Dialogue on Sri Lanka

European Union said that in 2015, by co-sponsoring the Council’s resolution 30/1, the Sri Lankan Government had recognized the need to address the past in order to build a better future.  The Government was urged to institute a durable reconciliation process, complete the return of occupied land, and advance transitional justice.  Pakistan welcomed the establishment of the Office of Missing Persons.  The return of 92 per cent of private land was also welcomed and efforts in combatting cross-border terrorism were acknowledged.  Denmark urged the Government to prepare a transparent strategy to prepare a transitional justice mechanism with a time bound plan and institutional reforms in the military and police.  The High Commissioner was asked to elaborate how to strengthen support for victims of human rights violations, including women and children?

India had always supported efforts to preserve Sri Lanka’s character as a multi-ethnic society, including the Tamil community.  India acknowledged that 75 per cent of the land held in 2009 by the security forces had been returned to the original and rightful owners.  United Kingdom continued to urge the Government to take steps required to fully deliver on its commitments in resolutions 30/1 and 34/1 and to establish the full range of transitional justice mechanisms.  What were the priorities for the United Nations assistance to Sri Lanka?  Belgium commended the Government for its ongoing constructive engagement with the Office of the High Commissioner but regretted the further delay of the implementation of the Council’s recommendations.  What impact would a possible re-application of the death penalty have on the transitional justice process in Sri Lanka?

North Macedonia welcomed the report, and recognized progress on advancing reconciliation in the country.  However, in order for this progress to be sustained, they encouraged Sri Lanka to prepare a comprehensive strategy on transitional justice with a clear time frame.  Germany encouraged Sri Lanka in its pursuit of transitional justice, by further establishing a Truth and Reconciliation Commission, and implementing long promised constitutional and justice reforms.  Switzerland was alarmed at the considerable lack of progress in investigating abuses of human rights and violations of international law in Sri Lanka.  Switzerland welcomed the decision of Sri Lanka to co-sponsor resolution 34/1 and urged them to implement it fully.

Iceland noted with concern the lack of progress in prosecuting human rights abuses perpetrated during the civil war, and called on Sri Lanka to establish a transitional justice agenda.  They asked the High Commissioner how the specific needs of women and children could be taken into account in developing a reparations plan.  Norway recognized the role played by democratic institutions in the peaceful resolution of the political situation from October to December 2018.  However, progress on transitional justice had slowed, and Norway urged Sri Lanka to continue to address serious human rights violations that occurred during the conflict.   Ireland welcomed Sri Lanka’s commitment to promote reconciliation, accountability and human rights under the terms of resolution 30/1.
 However, Ireland was concerned about proposals for a counter terrorism law that included the possibility of the death penalty as a punishment, and called on Sri Lanka to uphold the moratorium on such punishments.

China commended Sri Lanka for the results achieved in the domains of human rights, the elimination of poverty, and the rights of children, women and vulnerable groups.  China had provided technical assistance and capacity building and hoped that the Government would maintain political stability and unity of the country.  Montenegro said it was important that the forthcoming elections did not slow down the implementation of the Government’s obligations.  Sri Lanka needed to advance reconciliation by addressing the issue of accountability based on truth, justice and ensuring reparations for victims in an effective way and with concrete results.  Canada called on Sri Lanka to end impunity by enacting legislation that criminalized violations of international law without statutes of limitation and to establish a special court to prosecute violations of international law with the involvement of international investigators, prosecutors and judges.  It asked what support the Council and Member States could provide to ensure progress towards accountability in Sri Lanka.

Croatia called upon the Sri Lankan Government to allow the independent operation of the Secretariat for Coordinating Reconciliation Mechanisms, and the Human Rights Commission so as to end impunity for crimes committed.  Austria said that the Government’s inconsistent commitment to transitional justice had caused considerable delay and newly created human rights institutions had not been sufficiently supported by political leadership nor linked to accountability and truth seeking.  It called on the Government to prepare a comprehensive strategy on transitional justice to honour its commitments.  Liechtenstein recognized some important advances since 2015 but was concerned about the slow progress in establishing meaningful transitional justice mechanisms which had engendered further mistrust among victims and other stakeholders.  It asked how the international community could support the Government in its efforts to engage in its transitional process and whether an expansion of the presence of the Office of the High Commissioner for Human Rights in the country would be an option.

Australia welcomed Sri Lanka’s co-sponsorship of resolution 40/1 as a positive demonstration of its commitment and encouraged it to deliver its transitional justice agenda in a timely and effective way.  It recognized that more needed to be done to promote truth-seeking, accountability, justice and reconciliation.

Human Rights Commission of Sri Lanka, in a video statement, noted that strengthening independent commissions was a critical priority to consolidate democratic gains based on the past three years.  The Commission had entered into a Memorandum of Understanding with the Office of Missing Persons to streamline collaboration between the institutions International Movement against all Forms of Discrimination and Racism (IMADR) noted that Sri Lanka had failed to address human rights violations and institutionalized violence.  The Council had to renew the mandate of the Office of the High Commissioner to monitor and report on the implementation of resolution 30/1 at least every six months.  Association Bharathi Centre Culturel Franco-Tamoul said that Sri Lanka’s topmost leaders had consistently rejected criminal accountability.  The only possibility of Tamil victims seeing criminal justice was if Sri Lanka was referred to the International Criminal Court, or if an ad hoc criminal tribunal was set up.  World Evangelical Alliance, in a joint statement with Christian Solidarity Worldwide, shared deep concern at the aggravation of intercommunal tensions and discrimination against Christian, Muslim and Hindu minorities.  There was a Circular in place requesting all future constructions of any place of worship to be subject to prior permission of the Ministry of Religious Affairs and Moral Upliftment and it should be withdrawn.

Amnesty International was concerned that the Government had made slow progress in ensuring justice, truth, reparation and non-recurrence.  The Council was urged to maintain scrutiny of Sri Lanka’s efforts and continue the High Commissioner’s reporting on Sri Lanka’s commitments in resolution 30/1.  Human Rights Watch noted that thus far only the Office of Missing Persons had been set up and there had been no discernible progress on establishing an accountability mechanism involving international judges, prosecutors and investigators.  Instead, Sri Lankan leaders repeatedly said there would be no foreign judges and “war heroes” would be protected from prosecution.

Asian Forum for Human Rights and Development noted that without a credible judicial mechanism to get accountability for crimes committed, any plans for judicial reform would ring hollow.  The Council must have a field presence, and a Special Rapporteur for Sri Lanka to gather evidence and ensure that justice was served.  Lawyers’ Rights Watch Canada noted that 4 years after the adoption of resolution 30/1, there been very little progress in investigating crimes committed during the conflict.  Without significant international involvement, there could be no credible recourse to justice, given the politicization of the domestic judicial system.  International Commission of Jurists was particularly concerned about the lack of progress in the area of criminal accountability, and called for the urgent creation of an international legal mechanism with international judges.  They noted that women were grossly underrepresented in the justice system, which prevented women victims from having confidence in the effectiveness of that system.

Concluding Remarks on Sri Lanka

MICHELLE BACHELETUnited Nations High Commissioner for Human Rights, in her concluding remarks, outlined some ways for the international community to support Sri Lanka in adhering to the resolution and meeting its human rights obligations.  Slow progress had been made, particularly in terms of accountability, and the Government needed support in following the road map outlined by the resolution.  The Office of Missing Persons and transitional justice mechanisms would need support to establish accountability.  She encouraged the Government to establish a strategy on transitional justice that was time bound, so as to build trust between the various stakeholders.  There was a lack of victim and witness safeguards, but the Office of the High Commissioner for Human Rights would continue to support the existing institutions to support these in collaboration with civil society and non-governmental organizations.  The Council needed to maintain close attention to the situation in Sri Lanka and provide technical assistance to ensure progress to accountability.  She had requested that the Government allow the Office of the High Commissioner for Human Rights to establish a permanent office in Sri Lanka.  Should the delays continue and in the absence of progress, Member States should consider using international mechanisms to bring about justice, such as the International Criminal Court or sanctions.

For use of the information media; not an official record – UNOG

Grunting About The Disgruntled Tamil Diaspora: A Response To Sharmini Serasinghe

Wasantha Karannagoda
logoA Response to Sharmini Serasinghe’s – Is Admiral Wasantha Karannagoda To Be The Sacrificial Lamb At The Altar Of The 40th UNHCR Sessions? published in Colombo Telegraph – March 4, 2019 ; Daily FT– March 6, 2019.
“..When the swallows come back to Capistrano
that’s the day you promised to come back to me.
When you whispered farewell in Capistrano
Twas the day the swallows flew out to the sea…” ~ 
Leon Rene, Songwriter
According to legend, on March 19th each year, St. Joseph’s Day, swallows migrate some six thousand miles from Argentina to San Juan Capistrano in Southern California and people from all over the world come to see this returning of the swallows, a tradition celebrated from the early 1900’s. 
Like the returning swallows of San Juan Capistrano, this March we have a gathering of columnists and commentators, analysts and academics, bloggers and blowhards, politicians and pontificators, newscasters and nitwits, lawyers and law abiding citizens, all coming out of the woodwork to express their two cents worth when the United Nations High Commissioner for Human Rights (UNHRC) convenes annual sessions to discuss, debate, pass resolutions on matters concerning human rights issues around the globe. Coincidentally, around the time the swallows arrive in San Juan Capistrano, a report on Sri Lanka is expected to be submitted to the UNHRC. The report is titled: Promoting reconciliation, accountability and human rights in Sri Lanka by the Office of the United Nations High Commissioner for Human Rights.
Unlike the swallows of San Juan Capistrano who after a long and arduous flight from the southern hemisphere come to peacefully nest in San Juan Capistrano the human gathering around UNHRC annual sessions seem to display some signs of restless nervousness and agitation.
Granted, these are well meaning people with wide and varied opinions. We have seen them all on the local airwaves, newspaper columns, on social media platforms etc. Notably, they have expressed their opinions in these columns as well – strong opinions about democracy, freedom of expression, good governance, individual freedoms, civil rights etc. 
Sharmini Serasinghe stands out among all those who have gathered to voice their opinion on the UNHRC sessions currently in progress in Geneva, having gathered notoriety standing up to the Rajapaksa’s, openly defying them, challenging them and even going as far to say if anything untoward should befall her, Rajapaksa’s should be the cause of it. She stood on a platform at a mass rally under the banner, ‘Voice of Justice’ to protest the October 2018 action taken by President Sirisena. She thumped her chest and let out a battle cry asking the masses to follow her towards the President’s office and demand his ouster – if he had any sense of self respect. If you were like me in the front rows of that rally, you would have seen the fire in her eyes and felt hot breath out of here nostrils – an absolute replica of Hindu Goddess Kali, the destroyer of evil forces! Goddess Kali is believed to be the divine protector and one who will liberate you from all bonds of this earthly misery and deliver you to the heavens.
Serasinghe screamed her head off reminding us that only spineless toads (kondha naethi gembo) would elect drug-lords, rapists and child-molesters as their representatives and legislators. Her words were powerful, inspiring and a call to action. Those of us who watched her fiery delivery, were so pumped up we were ready to take to the streets and join the protest and risk it all. She said “api yamu” (let’s go) and nothing was there to hold us back!

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